Act 520 (BI) - Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994

8/11/2019 Act 520 (BI) - Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994

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LAWS OF MALAYSIA

ONLINE VERSION OF UPDATED

TEXT OF REPRINT

Act 520

LEMBAGA PEMBANGUNAN

INDUSTRI PEMBINAAN

MALAYSIA ACT 1994As at 1 April 2012


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LEMBAGA PEMBANGUNAN INDUSTRI

PEMBINAAN MALAYSIA ACT 1994

Date of Royal Assent 24 June 1994

Date of publication in the Gazette 7 July 1994

PREVIOUSREPRINTS

First Reprint 2002

Second Reprint 2006


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LAWS OF MALAYSIA

Act 520

LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN

MALAYSIA ACT 1994

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title, commencement and application

2. Interpretation

PART II

THE LEMBAGA

3. The Lembaga

4. Functions of the Lembaga

5. Membership of the Lembaga

6. Public servants

7.

Power of the Minister to give directions

8. Returns, reports, accounts and information

9. Power of the Lembaga to establish committees

PART III

CHAIRMAN, OFFICER, SERVANTS

10.

The Chairman10.


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4 Laws of Malaysia ACT520

Section

11.

Chief Executive Officer

12.

Appointment of officers and servants of the Lembaga

13.

Regulations with respect to conditions of service

14.

Regulations with respect to discipline

PART IV

FINANCE

15.

The Fund

16. Conservation of the Fund

17. Expenditure to be charged on the Fund

18. Expenditure and preparation of estimates

19. Statutory Bodies (Accounts and Annual Reports) Act 1980 to apply

PART V

OTHER POWERS OF THE LEMBAGA

20. Power to borrow

21. Power to grant loans

22. Investment

23. Power to employ

24. Power to establish corporations

PART VI

REGISTRATION OF CONTRACTORS

25. Registration of contractors

26. Register

27. Notice to require particulars

28. Penalty for failure to comply with notice


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Lembaga Pembangunan Industri 5

Pembinaan MalaysiaSection

29.

Penalty for carrying out construction works without being registered

30.

Notice to unregistered contractor to stop construction works

31.

Registered contractor subject to this Act

PART VII

ACCREDITATION AND CERTIFICATION OF SKILLED

CONSTRUCTION WORKERS AND CONSTRUCTION

SITE SUPERVISORS

32.

Accreditation and certification

33.

Register

PART VIII

LEVY

34. Imposition of levy

PART IX

ENFORCEMENT AND INVESTIGATION

35.

Appointment of Investigating Officers

PART X

GENERAL

36.

Obligation of secrecy

37.

Power to make regulations

38.

Conduct of prosecution

39. General penalty

40. Power to exempt

41. Transitional and saving provision


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FIRST SCHEDULE

SECONDSCHEDULE

THIRDSCHEDULE


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7

LAWS OF MALAYSIA

Act 520

LEMBAGA PEMBANGUNAN INDUSTRI

PEMBINAAN MALAYSIA ACT 1994

An Act to establish the Lembaga Pembangunan Industri PembinaanMalaysia and to provide for its function relating to the construction

industry and for matters connected therewith.

[Part I, II, III, IV, V, IX & s. 37, 38, 39 and 40 of Part X

1 December 1994, P.U. (B) 534/1994;

Part VI & ss. 41(1) of Part X

20 July 1995, P.U. (B) 339/1995;

Part VIII & ss. 41(2) of Part X

1 October 1995, P.U. (B) 457/1995;

Part VII1 July 1999, P.U. (B) 227/1999]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan

Agong with the advice and consent of the Dewan Negara and Dewan

Rakyat in Parliament assembled, and by the authority of the same, as

follows:

PART I

PRELIMINARY

Short title, commencement and application

1. (1) This Act may be cited as the Lembaga Pembangunan

Industri Pembinaan Malaysia Act 1994 and shall come into force on

such date as the Minister may, by notification in the Gazette, appoint.


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(2) This Act shall apply throughout Malaysia; however the

Minister may by order suspend the operation of the whole or any ofthe provisions of this Act in any part of Malaysia.

Interpretation

2. In this Act, unless the context otherwise requires

Chairman means the Chairman of the Lembaga appointed under

section 5;

Chief Executive Officer means the Chief Executive Officer

appointed under section 11;

company has the same meaning as that assigned to corporation

under subsection 4(1) of the Companies Act 1965 [Act 125];

contractor means a person who undertakes to carry out and

complete any construction works;

construction industry means the industry concerning construction

works;

construction site supervisor means a person assigned to the

construction site by the contractor to supervise the construction

works;

construction works means the construction, extension,

installation, repair, maintenance, renewal, removal, renovation,alteration, dismantling, or demolition of

(a)any building, erection, edifice, structure, wall, fence or

chimney, whether constructed wholly or partly above or

below ground level;

(b)any road, harbour works, railway, cableway, canal or

aerodrome;


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(c)any drainage, irrigation or river control works;

(d)any electrical, mechanical, water, gas, petrochemical or

telecommunication works; or

(e)any bridge, viaduct, dam, reservoir, earthworks, pipeline,

sewer, aqueduct, culvert, drive, shaft, tunnel or

reclamation works,

and includes any works which form an integral part of, or are

preparatory to or temporary for the works described in paragraphs (a)to (e), including site clearance, soil investigation and improvement,

earth-moving, excavation, laying of foundation, site restoration and

landscaping;

Fund means the fund established under section 15;

Lembaga means the Lembaga Pembangunan Industri Pembinaan

Malaysia established under section 3;

member means a member of the Lembaga including the

Chairman;

Minister means the Minister for the time being charged with the

responsibility for matters relating to works;

skilled construction worker means a person possessing the

accepted level of skill as determined by the Lembaga of one or more

of the trades as listed in the Third Schedule.

PART II

THE LEMBAGA

The Lembaga

3. There is hereby established a body corporate by the name of

Lembaga Pembangunan Industri Pembinaan Malaysia which shall


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have perpetual succession and a common seal, which may sue and be

sued in its corporate name and, subject to and for the purposes of thisAct, may enter into contracts and may acquire, purchase, take, hold

and enjoy movable and immovable property of every description and

may convey, assign, surrender, yield up, charge, mortgage, demise,

reassign, transfer or otherwise dispose of, or deal with any movable

or immovable property or any interest therein vested in the Lembaga

upon such terms as it deems fit.

Functions of the Lembaga

4. (1) The functions of the Lembaga shall be

(a)to promote and stimulate the development, improvement

and expansion of the construction industry;

(b)to advise and make recommendations to the Federal

Government and the State Government on matters

affecting or connected with the construction industry;

(c) to promote, stimulate and undertake research into any

matter relating to the construction industry;

(d)to promote, stimulate and assist in the export of service

relating to the construction industry;

(e) to provide consultancy and advisory services with respect

to the construction industry;

(f) to promote quality assurance in the construction industry;

(g)to encourage the standardization and improvement of

construction techniques and materials;

(h)to initiate and maintain a construction industry

information system;

(f)

(g)

(h)


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(i) to provide, promote, review and coordinate training

programs organized by public and private construction

training centres for skilled construction workers and

construction site supervisors;

(j) to accredit and register contractors and to cancel, suspend

or reinstate the registration of any registered contractor;

and

(k) to accredit and certify skilled construction workers and

construction site supervisors.

(2) The Lembaga shall have power to do all things expedient or

reasonably necessary for, or incidental to, the performance of its

functions and, in particular, but without prejudice to the generality of

the foregoing

(a)to carry on all activities, particularly activities in respect

of the construction industry, the carrying on whereof

appears to it to be requisite, advantageous or convenientfor or in connection with the performance of its functions;

(b)to award certificates of proficiency;

(c)with the approval of the Minister, to establish or expand,

or promote the establishment or expansion of, companies,

corporations or other bodies to carry on any such activities

either under the control or partial control of the Lembaga

or independently;

(d)to provide financial assistance in the form of loans or

otherwise to persons engaged in the construction industry

for the purpose of promoting the said industry and provide

any guarantees on their behalf;

(e) to impose fees or any other charges as it deems fit for

giving effect to any of its functions or powers;

(i)

(j)

(k)


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(f) to receive, in consideration of any services that may be

rendered by it, such commission or payments as may beagreed upon with any person; and

(g)to do such other things as it deems fit to enable it to carry

out its functions and powers effectively.

(3) Subject to section 7, it shall be the responsibility of the

Lembaga in performing its functions under this Act to ensure that the

functions are performed in such manner as shall be in furtherance of

the policy of the Government for the time being in force and inparticular relating to the construction industry.

Membership of the Lembaga

5. (1) The Lembaga shall consist of the following members:

(a)a Chairman;

(b)

six representatives from the private sector; and

(c) four representatives who shall hold office in the public

services,

who shall be appointed by the Minister.

(2) The provisions of the First Schedule shall apply to the

Lembaga.

Public servants

6. All members, officers and servants of the Lembaga, while

discharging their duties as such members, officers and servants, shall

be deemed to be public servants within the meaning of the Penal

Code [Act 574].


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Power of the Minister to give directions

7. The Lembaga shall be responsible to the Minister, and the

Minister may, from time to time, give directions not inconsistent with

this Act and the Lembaga shall, as soon as possible, give effect to all

such directions.

Returns, reports, accounts and information

8. (1) The Lembaga shall furnish to the Minister, and such publicauthority as may be directed by the Minister, such returns, accounts

and information with respect to its property and activities as the

Minister may, from time to time, require or direct.

(2) Without prejudice to the generality of subsection (1), the

Lembaga shall, as soon as practicable after the end of each financial

year, cause to be made and transmitted to the Minister and, if so

directed by the Minister, to any other public authority a report dealing

with the activities of the Lembaga during the preceding financial yearand the report shall be in such form and shall contain such

information relating to the proceedings and policy of the Lembaga as

the Minister may, from time to time, specify.

Power of the Lembaga to establish committees

9. (1) The Lembaga may establish such committees as it considers

necessary or expedient to assist it in the performance of its functions

under this Act.

(2) The Lembaga may appoint any suitable person to be a

member of any committee established under subsection (1).

(3) A committee established under this section may elect any of

its members to be chairman and may regulate its own procedure and,

in the exercise of its powers under this subsection, such committee

shall be subject to and act in accordance with any direction given to it

by the Lembaga.


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(4) Any meeting of a committee established under this section

shall be held at such time and place as the chairman of the committeemay, subject to subsection (3), determine.

(5) A committee may invite any person to attend any of its

meetings for the purpose of advising it on any matter under

discussion provided that the person so invited shall not be entitled to

vote at any such meeting.

(6) The members of a committee established under this section

and any person invited under subsection (5) to attend any meeting ofa committee may be paid such allowances as the Lembaga may

determine.

PART III

CHAIRMAN, OFFICER, SERVANTS

The Chairman

10. (1) Without prejudice to the other provisions of this Act, the

Chairman shall perform such duties as the Minister may, from time to

time, determine.

(2) If the Chairman is temporarily absent from Malaysia or

incapacitated through illness or for any other good reason is unable to

perform his duties, the Minister shall appoint any member of the

Lembaga to carry out the duties of the Chairman.

Chief Executive Officer

11. (1) The Lembaga may, with the approval of the Minister,

appoint a person, designated as Chief Executive Officer to be the

principal executive officer and vest him with such powers and impose

upon him such duties as may be determined by the Lembaga.


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(2) The Chief Executive Officer shall be responsible for the

proper administration and management of the functions and affairs of

the Lembaga.

(3) The Chief Executive Officer shall have general control of the

other officers and servants of the Lembaga.

(4) The Chief Executive Officer shall perform such further duties

as the Lembaga may from time to time direct.

(5) If the Chief Executive Officer is temporarily absent fromMalaysia or is incapacitated through illness or for any other good

reason is unable to perform his duties, the Lembaga may direct any

other officer to carry out his duties.

Appointment of officers and servants of the Lembaga

12. (1) Subject to any regulations made under section 13, the

Lembaga may appoint on such terms and conditions as it may thinkdesirable such officers and servants as may be necessary for carrying

out the purposes of this Act.

(2) No person shall be eligible for employment as an officer or

servant of the Lembaga if he has, directly or indirectly, by himself or

his partner, any share or interest in any contract or proposed contract

with, for or on behalf of the Lembaga.

Regulations with respect to conditions of service

13. The Lembaga may, from time to time, with the approval of the

Minister, make regulations with respect to the conditions of service of

its officers and servants.


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Regulations with respect to discipline

14. (1) The Lembaga may, from time to time, with the approval of

the Minister, make regulations with respect to the discipline of its

officers and servants.

(2) The regulations made under this section may include

provisions for

(a)the interdiction with reduction in salary or in other

remuneration; or

(b)the suspension without salary or other remuneration,

of an officer or servant of the Lembaga during the pendency of

disciplinary proceedings against him.

(3) The regulations made under this section shall create such

disciplinary offences and provide for such disciplinary punishments

as the Lembaga may deem appropriate, and the punishments so

provided may extend to dismissal or reduction in rank.

(4) The regulations made under this section may, in prescribing

the procedure for disciplinary proceedings, provide for an opportunity

for representations to be made by the person against whom the

disciplinary proceedings are taken before a decision is arrived at by

the Lembaga on the disciplinary charge laid against such person.

PART IV

FINANCE

The Fund

15. (1) There is hereby established, for the purposes of this Act, a

fund to be administered and controlled by the Lembaga.

(2) The Fund shall consist of


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(3) The Lembaga may at any time submit to the Minister a

supplementary estimate for any one year and the Minister may allow

the whole or any part of the additional expenditure included therein.

(4) The Minister may direct the Lembaga to submit a copy of the

estimate or supplementary estimate, as the case may be, to such other

public authority as may be specified in the direction.

Statutory Bodies (Accounts and Annual Reports) Act 1980 to

apply

19. The Statutory Bodies (Accounts and Annual Reports) Act 1980

[Act 240] shall apply to the Lembaga and any corporation established

under this Act.

PART V

OTHER POWERS OF THE LEMBAGA

Power to borrow

20. (1) The Lembaga may, from time to time, with the approval of

the Minister, borrow, at such rate of interest and for such period and

upon such terms as to the time and method of repayment and

otherwise as the Minister may approve, any sums required by the

Lembaga for meeting any of its obligations or discharging any of its

duties.

(2) The Lembaga may, from time to time, with the approval of

the Minister, borrow money by the issue of bonds, debentures or

stocks of such class and value and upon such terms as it may, with

the approval of the Minister, deem expedient, for all or any of the

following purposes:

(a)the provision of working capital;


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(b)the performance of the functions, the exercise of the

powers and the discharge of the duties of the Lembagaunder this Act;

(c) the performance of such additional functions as may be

undertaken by the Lembaga under this Act;

(d)the redemption of any shares or stocks which it is required

or entitled to redeem; and

(e)

any other expenditure properly chargeable to capitalaccount.

Power to grant loans

21. In the performance of its functions, the exercise of its power or

the discharge of its duties, the Lembaga may, with the approval of the

Minister, grant loans, and such loans may be granted subject to such

terms and conditions as the Lembaga may, with the approval of the

Minister, deem fit to impose in any particular case.

Investment

22. The assets of the Lembaga shall, in so far as they are not

required to be expended by the Lembaga under this Act, be invested

in such manner as the Minister may approve.

Power to employ

23. The Lembaga may employ and pay agents and technical

advisers, including advocates and solicitors, bankers, fund managers,

stockbrokers, surveyors, valuers and other persons, to transact any

business or to do any act required to be transacted or done in the

performance of its functions, the exercise of its powers or the

discharge of its duties or for the better carrying into effect the

purposes of this Act.


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Power to establish corporations

24. (1) The Lembaga may from time to time, with the approval of

the Minister, by order published in the Gazette, establish a

corporation, by such name as the Lembaga may think fit, to carry out

and have the charge, conduct and management of any project, scheme

or enterprise which has been planned or undertaken by the Lembaga

in the performance of its functions, the exercise of its powers or the

discharge of its duties.

(2) The Second Schedule shall apply to every corporationestablished by the Lembaga under subsection (1).

PART VI

REGISTRATION OF CONTRACTORS

Registration of contractors

25. (1) No person shall undertake to carry out and complete any

construction works unless he is registered with the Lembaga and

holds a valid certificate of registration issued by the Lembaga.

(2) Every certificate of registration shall be in the prescribed

manner and form.

Register

26. The Lembaga shall keep and maintain a Register which shall

contain the names, business addresses and other particulars of

contractors who are registered as registered contractors.

Notice to require particulars

27. (1) For the purpose of carrying out its functions under section 4,

the Lembaga may by notice in the prescribed form require any person


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to furnish any particulars which are within the persons knowledge,

or which he is able to obtain, relating to any contractor orconstruction works in such manner and form as the Lembaga may

specify.

(2) The notice under subsection (1) may be served by delivering

it to the person at the construction site, his working place or at his

residence.

(3) A notice may require the information to be furnished at

specific times or within specific intervals.

(4) The Lembaga shall not require any person to supply

information which will disclose any trade secret.

Penalty for failure to comply with notice

28. A person who

(a)

fails to comply with the requirements of a notice issued

under section 27; or

(b)knowingly or recklessly furnishes or causes to be

furnished any false particulars on any matter specified in

the notice issued under section 27,

shall be guilty of an offence and shall, on conviction, be liable to a

fine not exceeding five hundred ringgit and, in the case of a

continuing offence, to a fine not exceeding five hundred ringgit forevery day or part of a day during which the offence continues after

conviction.

Penalty for carrying out construction works without being

registered

29. A person who undertakes to carry out or carries out and

completes any construction works without being registered as a


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registered contractor with the Lembaga shall be guilty of an offence

under this Act and shall, on conviction, be liable to a fine not

exceeding fifty thousand ringgit.

Notice to unregistered contractor to stop construction works

30. (1) Where the Lembaga finds that construction works are being

undertaken or carried out by a contractor who is not registered with

the Lembaga, the Lembaga may by notice in the prescribed form

served on the contractor require him to abstain from commencing orproceeding with the construction works.

(2) A person who fails to comply with the requirements of the

notice under subsection (1) shall be guilty of an offence and shall, on

conviction, be liable to a fine not exceeding five hundred ringgit, and

in the case of a continuing offence, to a fine not exceeding five

hundred ringgit for every day or part of a day during which the

offence continues after conviction.

Registered contractor subject to this Act

31. Every registered contractor shall be subject to this Act.

PART VII

ACCREDITATION AND CERTIFICATION OF SKILLED

CONSTRUCTION WORKERS AND CONSTRUCTIONSITE SUPERVISORS

Accreditation and certification

32. (1) The Lembaga shall accredit and certify skilled construction

workers and construction site supervisors in the prescribed manner

and form.


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(2) The skilled construction workers referred to in subsection (1)

are as specified in the Third Schedule.

(3) The Minister may, from time to time, by an order published in

the Gazette, add to, delete from, vary or amend the Third Schedule.

Register

33. The Lembaga shall keep and maintain a Register which shall

contain the names, addresses, trades, skills and other particulars ofthe accredited skilled construction workers and construction site

supervisors.

PART VIII

LEVY

Imposition of levy

34. (1) Every registered contractor shall notify and submit to the

Lembaga any contract which he has executed on any construction

works having a contract sum of above five hundred thousand ringgit.

(2) There shall be imposed by the Lembaga on every registered

contractor, before the commencement of any construction works

having a contract sum of above five hundred thousand ringgit, a levy

which shall be a quarter per centum of the contract sum.

(3) The Lembaga shall then notify the registered contractor of the

amount of levy to be paid within such period as it may prescribe.

(4) The levy may be paid to the Lembaga or its authorized agents

at such office or place as may be determined by the Lembaga.

(5) Where a registered contractor fails to pay any levy due within

such period as may be prescribed, the registered contractor shall be


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guilty of an offence and shall, on conviction, be liable to a fine not

exceeding fifty thousand ringgit.

(6) The Minister may, from time to time, by order published in

the Gazette reduce or increase the rate of levy specified in

subsection (2).

(7) The amount of any levy payable under this section shall be

recoverable as a civil debt due to the Lembaga.

(8) In this section, contract sum means the consideration for acontract in respect of any construction works.

PART IX

ENFORCEMENT AND INVESTIGATION

Appointment of Investigating Officers

35. (1) The Lembaga may appoint such number of investigating

officers to be known as Investigating Officers of the Lembaga as it

considers necessary for the purposes of carrying out investigation of

any offence or inspection under this Act.

(2) An Investigating Officer shall, for the purposes of

ascertaining whether the provisions of this Act or any regulations

made thereunder are being complied with, have power at all

reasonable times to enter into any construction site where

construction works are being carried out and there to make suchenquiry or inspection as may be necessary for such purposes.

(3) In the course of an investigation or inspection under this

section the Investigating Officer may

(a)put questions concerning the registration of any

contractor, the accreditation and certification of the skilled

construction workers and construction site supervisors or

the payment of levy, and all such persons shall be legally


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bound to answer such questions truthfully to the best of

their ability; and

(b)require any such person to produce to him any records

required to be kept under this Act and may seize them or

take copies of them.

(4) Every Investigating Officer when exercising any powers

under this Act shall declare his office and shall produce his authority

in writing to any person affected by the exercise of such powers.

(5) Upon completion of his investigation, the Investigating

Officer shall immediately give all information relating to the

commission of any offence to an officer in charge of a police station

and a police officer may, by warrant, arrest any person who may have

committed an offence under this Act or any regulation made

thereunder.

PART X

GENERAL

Obligation of secrecy

36. (1) Except for any of the purposes of this Act or for the purpose

of any civil or criminal proceedings under any written law, no

member, officer or servant of the Lembaga shall disclose any

information which has been obtained by him in the course of his

duties and which is not published in pursuance of this Act.

(2) Any person contravening subsection (1) shall be guilty of an

offence and shall, on conviction, be liable to a fine not exceeding one

thousand ringgit or to imprisonment for a term not exceeding six

months or to both.


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Power to make regulations

37. (1) The Lembaga may, with the approval of the Minister, make

such regulations as may be expedient or necessary for the better

carrying out of the provisions of this Act.

(2) Without prejudice to the generality of subsection (1),

regulations may be made for

(a)prescribing the manner and form for the registration of

contractors and the conditions for the cancellation,suspension or reinstatement of the registration of any

registered contractors;

(b)prescribing the manner and form for the collection of levy;

(c)prescribing the form and manner of service of any notice

required under this Act;

(d)

prescribing the fees and charges to be paid in respect ofany matter required for the purposes of this Act;

(e)prescribing the manner and forms for the accreditation and

certification of skilled construction workers and

construction site supervisors;

(f)prescribing the responsibilities and control of officers and

servants of the Lembaga;

(g)

prescribing the manner in which and the terms and

conditions on which loans may be granted by the

Lembaga under section 21;

(h)providing generally for the performance of the functions,

the exercise of the powers and discharge of duties of the

Lembaga under the provisions of this Act; and

(i) any other matter generally to give effect to the provisions

of this Act.

(f)

(g)

(h)

(i)


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Conduct of prosecution

38. (1) No prosecution for any offence under this Act shall be

instituted except with the consent in writing of the Public Prosecutor.

(2) Any officer of the Lembaga authorized in writing by the

Chairman of the Lembaga may conduct the prosecution of any

offence under this Act.

General penalty

39. Any person who by any act or omission contravenes any

provision under this Act or any regulations made thereunder shall be

guilty of an offence and where no penalty is expressly provided shall,

on conviction, be liable to a fine not exceeding five thousand ringgit.

Power to exempt

40. (1) The Minister may by order published in the Gazette exempt,

subject to such conditions as he may deem fit to impose, any person

or class of persons from all or any of the provisions of this Act or the

regulations made thereunder

(a)on the ground that the contractor is carrying out

construction works for the purpose of building a residence

for his own use;

(b)

on the ground that the contractor is employing less thanthree workers for carrying out the construction works; or

(c) for any good reason which is consistent with the purposes

of this Act.

(2) The Minister may at any time by order published in the

Gazette revoke any order made under subsection (1) if he is satisfied

that the exemption should no longer be granted.


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Transitional and saving provision

41. (1) Any person who immediately before the date of

commencement of this Act was carrying out any construction works

may continue to do so during the period of twelve months from the

commencement of this Act:

Provided that during that period such person shall as soon as

practicable make an application for registration as a contractor or for

accreditation, certification and registration as a skilled construction

worker or construction site supervisor.

(2) Any contractor who is carrying out any construction works

pursuant to a contract executed before the date of commencement of

this Act shall be exempted from the payment of any levy under

section 34.


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FIRST SCHEDULE

[Subsection 5(2)]

PROVISIONS APPLICABLE TO THE LEMBAGA

Appointment, revocation and resignation

1. (1) Subject to such conditions as may be specified in his instrument of

appointment, a member of the Lembaga shall hold office for a term not exceeding

two years and is eligible for reappointment.

(2) The appointment of any member may at any time be revoked by the Ministerwithout assigning any reason therefor.

(3) A member may at any time resign his office by letter addressed to the

Minister.

(4) Every member shall devote such time to the business of the Lembaga as is

necessary to discharge his duties effectively.

Vacation of office

2. (1) The office of a member of the Lembaga shall be vacated

(a)

if he dies;

(b) if there has been proved against him, or he has been convicted on, a

charge in respect of

(i)

an offence involving fraud, dishonesty or moral turpitude;

(ii) an offence under any law relating to corruption or under

section 36; or

(iii)any other offence punishable with imprisonment (in itself

only or in addition to or in lieu of a fine) for more than two

years;

(c)

if he becomes bankrupt;

(d) if he is of unsound mind or is otherwise incapable of discharging his

duties;

(e) if he absents himself from three consecutive meetings of the Lembaga

without leave of the Lembaga;

(i)

(ii)

(iii)


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(f) if his resignation is accepted by the Minister; or

(g) if his appointment is revoked by the Minister.

(2) Where any person ceases to be a member by reason of any of the provisions

of this Act, another person shall be appointed in his place in accordance with the

provisions applying.

Remuneration or allowance

3. There may be paid to members of the Lembaga or any person (not being an

officer or servant of the Lembaga who is within the ambit of the provisions of thisAct relating to the terms and conditions of service applicable to his case) such

remuneration or allowance as the Minister may determine.

Meetings

4. (1) The Lembaga shall meet at least once in every two months.

(2) The quorum of the Lembaga shall be seven.

(3) Subject to the provisions of this Act, the Lembaga shall determine its ownprocedure.

Lembaga may invite others to meetings

5. The Lembaga may invite or request any person (not being a member of the

Lembaga) to attend any meeting or deliberation of the Lembaga for the purpose of

advising it on any matter under discussion but any person so attending shall haveno right to vote at the said meeting or deliberation.

Common seal

6. (1) The Lembaga shall have a common seal which shall bear such device as theLembaga shall approve and such seal may from time to time be broken, changed,

altered or made anew as the Lembaga may think fit.

(2) Until a seal is provided by the Lembaga, a stamp bearing the words

Lembaga Pembangunan Industri Pembinaan Malaysia may be used and shall bedeemed to be the common seal of the Lembaga.

(3) The common seal shall be kept in the custody of the Chairman or such other

person as may be authorized by the Lembaga, and shall be authenticated by the


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Chairman or such authorized person or by any officer authorized by either of them

in writing; and all deeds, documents and other instruments purporting to be sealedwith the said seal, authenticated as aforesaid shall, until the contrary is proved be

deemed to have been validly executed:

Provided that any document or instrument which if executed by a person not

being a body corporate would not be required to be under seal may in like manner

be executed by the Lembaga; and any such document or instrument may be

executed on behalf of the Lembaga by any officer or servant of the Lembaga

generally or specially authorized by the Lembaga in that behalf.

(4) The common seal of the Lembaga shall be officially and judicially noticed.

Disclosure of interest

7. A member of the Lembaga having, directly or indirectly, by himself or his

partner, an interest in any company or undertaking with which the Lembaga

proposes to make a contract or having an interest in any such contract or in any

matter under discussion by the Lembaga shall disclose to the Lembaga the fact of

his interest and the nature thereof, and such disclosure shall be recorded in the

minutes of the Lembaga and, unless specifically authorized thereto by the

Chairman, such member shall take no part in the deliberation or decision of the

Lembaga relating to the contract or matter.

Minutes

8. (1) The Lembaga shall cause minutes of all its meetings to be maintained and

kept in a proper form.

(2) Any minutes made of meetings of the Lembaga shall, if duly signed, be

admissible in evidence in all legal proceedings without further proof and every

meeting of the Lembaga in respect of the proceedings of which minutes have been

so made shall be deemed to have been duly convened and held and all members

thereat to have been duly qualified to act.

Validity of acts and proceedings

9. No act done or proceeding taken under this Act shall be questioned on the

ground of

(a)

any vacancy in the membership of, or any defect in the constitution

of, the Lembaga;


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(b) the contravention by any member of the Lembaga of the provisions of

paragraph 7; or

(c)

any omission, defect or irregularity not affecting the merits of the

case.

_____________

SECOND SCHEDULE

[Subsection 24(2)]

PROVISIONS APPLICABLE TO A CORPORATION ESTABLISHED

BY THE LEMBAGA

Power of the Lembaga to make regulations in respect of corporation

1. The Lembaga shall, with the approval of the Minister, on or before the date on

which any corporation is established under section 24, make regulations in respect

of such corporation defining

(a)

the purposes and objects for which the corporation is established;

(b) the rights, powers, duties and functions of the corporation;

(c) the system of management thereof; and

(d)

the relations between the corporation and the Lembaga and the

Lembagasrights of control over such corporation.

Limitation on power to establish corporation

2. Nothing in paragraph 1 shall be deemed to authorize the Lembaga to make

regulations to establish any corporation for any purpose or object more extensive in

scope than the purposes or objects for which the Lembaga has been constituted or

to confer on any corporation any right, duty, power or function which is not within

the rights, duties, powers or functions of the Lembaga under this Act.

Effect of regulations

3. Subject to the provisions of this Act and of any regulations made under

section 38, any regulations made under paragraph 1 shall be binding on the


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Common seal of corporations

8. (1) Every corporation shall have a common seal which shall bear such deviceas the corporation, with the approval of the Lembaga, may approve and such seal

may from time to time be broken, changed, altered or made anew as the

corporation, with the approval of the Lembaga, may think fit.

(2) Until a seal is provided by the corporation, a stamp bearing the name of the

corporation encircling the letters LPIPM may be used and shall be deemed to bethe common seal of the corporation.

(3) The common seal shall be kept in the custody of such person as may be

authorized by the corporation, and shall be authenticated by such person; and alldeeds, documents and other instruments purporting to be sealed with the said seal,

authenticated as aforesaid, shall, until the contrary is proved, be deemed to havebeen validly executed:

Provided that any document or instrument which if executed by a person not

being a body corporate would not be required to be under seal may in like manner

be on behalf of the corporation by any officer or servant of the corporation

generally or specially authorized by the corporation in that behalf.

(4) The common seal of every corporation shall be officially and judicially

noticed.

_____________

THIRD SCHEDULE

[Section 2 and subsection 32(2)]

SKILLED CONSTRUCTION WORKERS

1.

Building Air-condition Installer2. Industrial Air-condition Installer

3. Bar-bender

4. Block-layer

5.

Bricklayer

6.

Carpenter

7.

Ceiling Fixer

8.

Chargeman (Registered with Jabatan Bekalan Elektrik)

9.

Concrete Pumping Equipment Operator

1.2.

3.

4.

5.

6.

7.

8.

9.


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10.

Concretor

11.

Crawler Crane Operator

12.

Drain-layer

13.

DraughtsmanCivil and Structural Works

14.

DraughtsmanMechanical and Engineering Works

15.

DraughtsmanArchitectural Works

16.

Drywall Installer

17.

Excavator Operator

18.

Fire Fighting Installer19.

Formworker

20.

Gas Pipe FitterIndustrial

21.

Gas Pipe FitterBuilding

22. Glazier

23. Ironmonger

24.

Joiner

25. LandscaperSoft

26.

LandscaperHard

27. Metalworker

28. Mobile Elevating Work Platform Operator

29. Painter

30. Paviour

31. Piling Rigger

32. Plasterer

33.

PlumberBuilding34. PlumberWater Reticulation

35. Roofer

36. Retro-fitting

37. Sanitary Fitter

38. Scaffolder

39. Sign Maker

40. Soil Investigation Plant Operator


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41. Specialized Equipment Installer

42.

Steel Structure Fabricator

43.

Stone (Rubble) Mason

44.

Slinging and Rigging Operator

45.

Tiler

46. Timber Structures Erector

47.

Tower Crane Operator

48.

Waterproof Works Worker

49.

Welder

50.

Wireman (Registered with Suruhanjaya Tenaga)

51.

Site SupervisorArchitectural and Building Works

52.

Site SupervisorBuilding Services

53.

Site SupervisorCivil and Infrastructure Works

54.

Site SupervisorElectrical Works

55.

Site SupervisorGeneral

56.

Site SupervisorMaintenance Works

57.

Site SupervisorMechanical Works

58.

Site SupervisorStructural Works

59. Site SupervisorSafety

______________________________


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38

LAWS OF MALAYSIA

Act 520


MALAYSIA ACT 1994

LIST OF AMENDMENTS

Amending law Short title In force from

P.U. (A) 274/1999 Lembaga Pembangunan Industri 01-07-1999Pembinaan Malaysia (Amendment

of Third Schedule) Order 1999

_________________


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39

LAWS OF MALAYSIA

Act 520


MALAYSIA ACT 1994

LIST OF AMENDMENTS

Section Amending authority In force from

Third Schedule P.U. (A) 274/1999 01-07-1999

_____________

Documents

Act 520 (BI) - Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994